[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54963-54965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19368]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-872]


Finished Carbon Steel Flanges From India: Preliminary Results of 
Countervailing Duty Administrative Review; 2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. 
(RNG) received countervailable subsidies during the period of review 
(POR), January 1, 2020, through December 31, 2020. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable September 8, 2022.

FOR FURTHER INFORMATION CONTACT: James R. Hepburn or Preston N. Cox, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401

[[Page 54964]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1882 
or (202) 482-5041, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 24, 2017, Commerce published in the Federal Register the 
countervailing duty order on finished carbon steel flanges from 
India.\1\ On August 2, 2021, Commerce published a notice of opportunity 
to request an administrative review of the Order.\2\ On August 31, 
2021, Weldbend Corporation and Boltex Manufacturing Co., L.P. (the 
petitioners) requested a review of 41 producers and/or exporters of 
subject merchandise.\3\ Further, between August 9 and 30, 2021, 
Commerce received multiple requests for an administrative review of the 
Order.\4\ On October 7, 2021, Commerce published a notice of initiation 
of an administrative review of the Order.\5\ On November 15, 2021, 
Commerce selected Norma and RNG as mandatory respondents in this 
administrative review.\6\ On April 25, 2022, Commerce extended the time 
period for issuing these preliminary results by 120 days, in accordance 
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), to August 31, 2021.\7\
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    \1\ See Finished Carbon Steel Flanges from India: Countervailing 
Duty Order, 82 FR 40138 (August 24, 2017) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 41436 (August 2, 2021).
    \3\ See Petitioners' Letter, ``Finished Carbon Steel Flanges 
from India: Request for Administrative Review,'' dated August 31, 
2021.
    \4\ See Munish Forge Private Limited's Letter, ``Finished Carbon 
Steel Flanges from India: Request for Counter Vailing Duty 
Administrative Review,'' dated August 9, 2021; Balkrishna Steel 
Forge Pvt. Ltd.'s Letter, ``Finished Carbon Steel Flanges from 
India: Request for Countervailing Duty Administrative Review of 
Balkrishna Steel Forge Pvt. Ltd. for the Period of January 01, 2020 
to December 31, 2020,'' dated August 30, 2021; Cetus Engineering 
Private Limited's Letter, ``Finished Carbon Steel Flanges from 
India: Request for Countervailing Duty Administrative Review of 
Cetus Engineering Private Limited (``Cetus'') for the period of 
January 01, 2020 to December 31, 2020,'' dated August 30, 2021; Jai 
Auto Pvt. Ltd.'s Letter, ``Finished Carbon Steel Flanges from India: 
Request for Countervailing Duty Administrative Review of Jai Auto 
Pvt. Ltd for the Period of January 01, 2020 to December 31, 2020,'' 
dated August 30, 2021; Norma's Letter, ``Finished Carbon Steel 
Flanges from India: Request for Countervailing Duty Administrative 
Review for Norma (India) Limited, USK Export Private Limited, 
Umashanker Khandelwal and Co. and Bansidhar Chiranjilal,'' dated 
August 30, 2021; and RNG's Letter, ``Finished Carbon Steel Flanges 
from India: Request for Countervailing Duty Administrative Review,'' 
dated August 30, 2021.
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 55811, 55817-18 (October 7, 2021).
    \6\ See Memorandum, ``Countervailing Duty Administrative Review 
of Finished Carbon Steel Flanges from India: Respondent Selection,'' 
dated November 15, 2021.
    \7\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
Extension of Deadline for Preliminary Results of Countervailing Duty 
Administrative Review; 2020,'' dated April 25, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\8\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020 Administrative Reivew of the Countervailing Duty 
Order on Finished Carbon Steel Flanges from India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is finished carbon steel 
flanges. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Act. For each of the subsidy programs found to be 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a government-provided financial contribution that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\9\ For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
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    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review

    For the companies not selected for individual review, because the 
rates calculated for Norma and RNG were above de minimis and not based 
entirely on facts available, we applied a subsidy rate based on a 
weighted average of the subsidy rates calculated for Norma and RNG 
using publicly ranged sales data submitted by the respondents.\10\
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    \10\ See Memorandum, ``Preliminary Results Calculation of 
Subsidy Rate for Non-Selected Companies Under Review,'' dated 
concurrently with this notice.
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Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated 
individual subsidy rates for Norma and RNG. For the period January 1, 
2020, through December 31, 2020, we preliminarily determine that the 
following net countervailable subsidy rates exist:
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    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Norma (India) Ltd.: USK Export Private Limited; Uma Shanker 
Khandelwal and Co.; and Bansidhar Chiranjilal. This rate applies to 
all cross-owned companies.
    \12\ See Appendix II for a list of companies not selected for 
individual examination.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Norma (India) Ltd.\11\..................................            4.21
R.N. Gupta & Co. Ltd....................................            3.61
Non-Selected Companies Under Review (see Appendix II)               3.88
 \12\...................................................
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Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\13\ Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of these preliminary results.\14\ Rebuttal briefs, limited 
to issues raised in case briefs, may be filed no later than seven days 
after the date for filing case briefs.\15\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit arguments are requested to 
submit with the argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii)
    \15\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's ACCESS system within 30 days of the 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants, 
whether any participant is a foreign national; and (3) a list of the 
issues to be discussed. Issues addressed during the hearing will be 
limited to those raised in the

[[Page 54965]]

respective case and rebuttal briefs.\16\ If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date and time of the hearing two 
days before the scheduled date.
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    \16\ See 19 CFR 351.310(c).
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    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5:00 p.m. Eastern Time on the due date. Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\17\
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    \17\ See Temporary Rule.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

Assessment Rate

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, countervailing duties on all appropriate entries covered 
by this review. We intend to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Rate

    In accordance with section 751(a)(1) of the Act, Commerce intends, 
upon publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts shown for 
each of the respective companies listed above on shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of final results of this administrative 
review. For all non-reviewed firms, we will instruct CBP to continue to 
collect cash deposits of estimated countervailing duties at the most 
recent company-specific or all-others rate applicable to the company, 
as appropriate. These cash deposit instructions, when imposed, shall 
remain in effect until further notice.

Notification to Interested Parties

    These preliminary results of review are issued and published 
pursuant to sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351,221(b)(4).

    Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Benchmark Interest Rates and Discount Rates
VI. Analysis of Programs
VII. Rate for Non-Examined Companies
VIII. Recommendation

Appendix II--Companies Not Selected for Individual Examination

1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited
6. C. D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R.D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
36. Umashanker Khandelwal Forging Limited

[FR Doc. 2022-19368 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P